Criminal Misc 31387 of 2010 and Criminal Misc M-14917 of 2010 v. State of Haryana & Anr.

The misc application stands disposed of. Cr Misc M-14917 of 2010 Notice to AG Haryana and respondent-2. On the asking of the Court, Mr KC Gupta, Sr DAG Haryana accepts notice. Ms Meenu – respondent-2 is present in person and she also accepts notice. She has been identified by ASI Tej Ram of PS Rajindra Park, Gurgaon, who is also present in Court. Criminal Misc 31387 of 2010 and 2 Criminal Misc M-14917 of 2010 Criminal Misc M-14917 of 2010 2 The petition has been filed by the petitioners under Section 482 CrPC seeking quashing of the FIR 93 dated 5.9.2009 (P1) registered at PS Rajindra Park, Gurgaon, for the offences under Sections 498A, 406, 423 and 34 IPC. The quashing is sought on the basis of the compromise (P2). On the last date of hearing, when the case was taken up for hearing, it was pointed out that the compromise (P2) did not bear the signatures of Smt Meenu – respondent-2. Now, a fresh compromise dated

4.4.2010 (P3) has been filed, which bears the signatures of respondent-2 – Smt Meenu. Besides, she has deposed an affidavit dated 4.5.2010 (P4) with regard to the factum of the compromise. An amount of Rs 2,40,000/- was given by the petitioners to the common mediatory namely Sh Jai Narain son of Ram Kishan of Village Ghewra, PS Kanjawala, District Delhi-81, who is also present in Court. The aforesaid amount of Rs 2,40,000/- and a FD of Rs 55,000/- have been given to respondent-2 and the same have been accepted by her. It is stated by her that she has accepted the amount. Besides, she has no objection to the quashing of the FIR. It is also stated by her that she is making this statement of her own will and desire and without any kind of influence and there is nothing else due towards her. Sachin, who is husband of the complainant has been absconding and has not joined the present proceedings. The dispute in the case is a matrimonial one. Petitioners-1 and 2 are the father-in-law and mother-in-law respectively of respondent-2. Petitioner-3 is the sister-in-law being sister of Sachin and petitioner-4 is a family friend. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably resolved and respondent-2 has Criminal Misc 31387 of 2010 and 3 Criminal Misc M-14917 of 2010 Criminal Misc M-14917 of 2010 3 received her permanent alimony; besides a compromise dated 4.4.2010 (P3) having been entered into between the parties, it would be just and expedient that the FIR (P1) is quashed qua the petitioners. Accordingly, this petition is allowed and FIR 93 dated 5.9.2009 (P1) registered at PS Rajindra Park, Gurgaon, is quashed qua the petitioners.

28.6.2010 ASR ( S.S.SARON ) Judge